The applicant municipality sought an order under s. 440 of the Municipal Act to restrain the respondent from using her property as a short-term rental, arguing it constituted an illegal 'Tourist Establishment' under the zoning by-law.
The respondent brought a counter-application seeking a declaration that her use was permitted or that the by-law was unacceptably vague and ultra vires.
The court found that the by-law did not clearly regulate short-term use in the Resort Residential zone and that, by attempting to regulate the identity of the users rather than the use of the land, it was ultra vires the Planning Act.
The municipality's application was dismissed and the by-law was declared of no force and effect to the extent it purported to regulate short-term rentals.
